Senate Bill 0026

    Florida Senate - 2000        (NP)                        SB 26

    By Senator Silver





    38-39-00

  1                      A bill to be entitled

  2         An act relating to the South Broward Hospital

  3         District; providing for the relief of Clarice

  4         Holland, individually as surviving spouse of

  5         Sidney Holland, Jr., deceased, and as Personal

  6         Representative of the Estate of Sidney Holland,

  7         Jr., deceased; providing for an appropriation

  8         to compensate them for losses sustained as a

  9         result of the negligence of South Broward

10         Hospital District, d.b.a. Memorial Regional

11         Hospital, which resulted in the death of Sidney

12         Holland, Jr.; providing an effective date.

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14         WHEREAS, on or about October 6, 1995, Sidney Holland,

15  Jr., was admitted to and operated on at South Broward Hospital

16  District, d.b.a. Memorial Regional Hospital, for the surgical

17  resection of an anterior temporal arterial venous

18  malformation, and

19         WHEREAS, during the operative procedure, because of

20  acts of negligence or omission by the South Broward Hospital

21  District, d.b.a. Memorial Regional Hospital, Sidney Holland,

22  Jr., suffered a massive hemorrhage resulting in severe and

23  permanent brain damage and death, and

24         WHEREAS, South Broward Hospital District, d.b.a.

25  Memorial Regional Hospital, through its agents or employees,

26  fell below the prevailing professional standard of care in its

27  treatment of Sidney Holland, Jr., deceased, by failing to

28  perform necessary procedures, and

29         WHEREAS, as a direct and proximate result of the

30  negligence of South Broward Hospital District, d.b.a. Memorial

31  Regional Hospital, Clarice Holland, individually, and as

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                        SB 26
    38-39-00




  1  Personal Representative of the Estate of Sidney Holland, Jr.,

  2  deceased, has suffered the loss of a husband, a father for her

  3  child, and a provider, and will continue to suffer the loss of

  4  income, love, and affection of Sidney Holland, Jr., and

  5         WHEREAS, on October 2, 1998, Clarice Holland,

  6  individually, and as Personal Representative of the Estate of

  7  Sidney Holland, Jr., deceased, and South Broward Hospital

  8  District, d.b.a. Memorial Regional Hospital, entered into a

  9  Mediation Agreement in Case No. 98-18216-CA(25), Circuit Court

10  of Broward County, and

11         WHEREAS, in this Mediation Agreement the parties agreed

12  to enter into a consent judgment whereby South Broward

13  Hospital District, d.b.a. Memorial Regional Hospital, would

14  pay to Clarice Holland, individually, and as Personal

15  Representative of the Estate of Sidney Holland, Jr., deceased,

16  the sum of $1,882,500 for injuries sustained as a result of

17  negligence of South Broward Hospital District, d.b.a. Memorial

18  Regional Hospital, and

19         WHEREAS, a consent judgment was entered into between

20  the parties, causing South Broward Hospital District, d.b.a.

21  Memorial Regional Hospital, to pay $200,000, the statutory

22  limit of liability under section 768.28, Florida Statutes, and

23         WHEREAS, the consent judgment further provides that the

24  plaintiffs may file a claim bill with the Legislature to

25  recover damages in excess of $200,000 and that the district

26  will support a claim bill in the amount of $1,682,500, NOW,

27  THEREFORE,

28

29  Be It Enacted by the Legislature of the State of Florida:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                        SB 26
    38-39-00




  1         Section 1.  The facts stated in the preamble to this

  2  act are found and declared to be true.

  3         Section 2.  The South Broward Hospital District, d.b.a.

  4  Memorial Regional Hospital, is authorized and directed to

  5  appropriate from funds of the hospital district not otherwise

  6  appropriated and to draw a warrant in the sum of $1,682,500

  7  payable to Clarice Holland, individually, and as Personal

  8  Representative of the Estate of Sidney Holland, Jr., deceased,

  9  as compensation for injuries and damages sustained.

10         Section 3.  This act shall take effect upon becoming a

11  law.

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